The main types of disputes and their classification

The dispute plays a huge role not only in human life, but also in science, as well as in public and state affairs. Can serious decisions be made without discussing and clashing different points of view? We can observe especially heated debates on issues of a political and public nature. Of course, in the world there are a huge number of things that are obvious. For example, one does not need to prove axioms in mathematics. But in everyday life, people often have various difficulties in which it is simply necessary to defend their point of view.

These are various controversies that arose during the production or litigation process, as well as many other cases. In order to defend his opinion, a person has not only to prove, but also to justify and argue his judgments with documents. It is especially important to have such a skill of a professional lawyer who, in the course of his activities, leads various types of disputes.

Definition of a concept

The dispute is a clash of positions and opinions, in which each side provides arguments that allow it to defend its own understanding of the problem under discussion. At the same time, the participants in this process are trying to refute the arguments that their opponents have.

Dispute is a very important means of human communication. With its help, questions that cause certain disagreements are clarified and resolved. In addition, the dispute allows a better understanding of those things that are not clear enough and do not find convincing justification. But even if, at the end of such a clash of opinions, the parties do not agree, they will still more deeply clarify both their own positions and the arguments of their opponents. In this case, such communication is an excellent means for exchanging ideas.

In Russian, there are three meanings of the word "dispute":

1. A verbal contest in which each of the opponents defends their position and their opinion.
2. Mutual claims for possession of something. As a rule, their decision is carried out by the court, negotiations, war, etc.
3. A synonym for the concepts of "rivalry", "martial arts", "competition", "duel." In this case, the search for truth occurs only in verbal battles.

Varieties of clash of opinions

There are various forms and types of dispute. They may be:

• exchange of views;
• discussion, debate;
• by negotiation;
• discussions;
• polemic;
• debate.

Between the above forms of verbal contests there are no strictly defined boundaries. One variety of them can easily go into another. Consider the main types of dispute in more detail.

Opinion exchange

As for this means of human communication, it can hardly be called a dispute. This is just a prelude. In this case, the parties to the opponents only state their claims, positions. In addition, both sides study and take note of the opinions of their opponents. Only after that does the argument begin. Sometimes the parties take a kind of timeout. This is the time when the topic presented is studied deeply in the cabinet silence, all the weak and strong sides of the opponents are determined, and their own position is adjusted.

Only after such a necessary and very fruitful stage does the dispute turn out to be more productive and constructive. He is no longer that pointless chatter when the essence of the question is not understood by either side. The exchange of views also influences further discussions and negotiations. That is why careful preparation in this case is simply necessary.

Debate

This is another form of controversy. It represents a collective, formalized and organized discussion of a particular topic. The purpose of the debate is to make a concrete decision. Similar types of disputes are held according to a certain rule. In this case, the rules, the chairman of the meeting, the sequence and order of speeches are integral. The most striking example of this type of dispute can be called judicial debate. Similar discussions can take place with varying intensity, severity and degree of tension. Gradation in this case begins from a sluggish exchange of views present on the morning meeting, to massacre in parliament.

Conversation

Such verbal contests are not only controversy. They are measures in the course of which existing contradictions are resolved. The main goals that such disputes set themselves are to find solutions acceptable to all parties involved. Only a compromise, consensus or “common denominator” will allow opponents to come to the necessary agreement. In the process of negotiations, an exchange of views takes place and polemics are carried out. There are other possible ways to achieve the desired result. These are requests and persuasions, promises, blackmail and threats, fraud, etc. The result of negotiations is the signing of an agreement, a resume or (in extreme cases) the achievement of verbal agreements. In the absence of specific decisions, negotiations are considered failed.

Discussion

A similar dispute is held on a specific topic or issue. In this case, the main purpose of the discussion is to reach agreement or determine the truth. These types of disputes are not limited by spatial or time frames, regulations, the circle of participants, etc. The constant component of discussions is only the topic. Moreover, this verbal competition is not so much a debate as a study necessary to find the truth. That is why it does not matter which of the participants in this dispute defends its point of view. The main thing is that a concrete result be obtained.

Controversy

Very often, this type of dispute is compared with a discussion. However, this is not quite true. The main goal of the controversy is to achieve victory. That is why such a dispute is characterized by aggressiveness, intransigence of the parties, as well as ignoring all the rules that allow for constructive dialogue. In addition, the controversy compared with the discussion a great variety of tactics and behaviors.

Anyone can participate in such disputes. Moreover, you can join them at any time and in any place. Sometimes the same question is discussed even by those people who do not know, do not hear and do not see each other. Sometimes the parties involved in the debate do not even own the topic raised. That is why one should not be surprised that the controversy over some issues lasts for centuries.

Debate

These types of disputes include public verbal contests on topics that are most relevant to society. The place and time of the debate is announced in advance. The main goal of such disputes is to persuade more people to a certain point of view. At the same time, they are not engaged in the search for truth during the debate. If you can’t increase the number of your supporters, then such disputes are used to raise the speaker’s rating or his image. A similar problem is solved by convincing the audience in a particular issue. For example, in judicial debates, these are jurors and judges. There is no need to convince each other of such disputes.

Often during the debate, an uncompromising bitter struggle unfolds. At the same time, there is intrigue, as in a sports competition, entertainment, as in a theatrical production, and some of these disputes can sometimes be compared with a true show. The results of such events are sometimes very paradoxical. Those participants who lost in the dispute often significantly increased the number of their supporters, that is, they achieved their goal. That is why when conducting debates, knowledge of the subject and eloquence, knowledge of rhetoric and the ability to captivate the audience are put in the first place.

Economic disputes

In addition to all of the above conflict situations, there are a huge number of those that are regulated by legal legislative norms. They are considered legal. Consider the types of legal disputes in more detail.

Sometimes various disagreements arise between the subjects of production relations. They are connected with the rights and obligations of the parties in the field of economic relations. They are very extensive. However, based on the definition, the classification of types of economic disputes includes labor disputes. This is because they are included in the concept of production relations.

The concept and types of economic disputes are closely related not only to administrative, but also to other legal relations. However, the bulk of them nevertheless consists of disagreements of a civil law nature. And most often they relate to contradictions that arise in the field of entrepreneurship.

What are the types of economic disputes? Such disagreements are divided into:

1. Negotiable. These are the types of disputes relating to those rights and obligations that arose under a business entity in accordance with the concluded agreement. In the economic sphere, such disagreements are especially common.
2. Precontracted. Such disputes involve the conclusion of an agreement or the writing of its content. Such disagreements arise very rarely and occur only in cases where the signing of the contract is a prerequisite for one of the parties. Only in such cases is the dispute resolved by jurisdictions.
3. Non-contractual. These are disagreements that may arise between business entities regarding violations of property rights, damage to property and damage to business reputation.

Labor disputes

An employee of any organization can protect their rights, freedoms and legitimate interests. However, sometimes he may have disagreements with the employer. What is the concept and types of labor disputes in our country? All these points are reflected in the Constitution and labor legislation of Russia. Regulations also contain methods for resolving such conflicts, right up to the right to strike.

So, we will consider the concept and types of labor disputes. First of all, find out what a similar term means. A labor dispute is understood as disagreement arising between an employee (employees) and an employer (his representatives). The issues of such disagreements concern the regulation of labor relations and are resolved by special jurisprudence bodies. Moreover, a dispute means a different assessment of the situation by two parties. The cause of such a conflict is offenses at work. In some cases, this is a common misconception that involves deviations from the law.

What types of labor disputes exist? There are many of them, and all of them are classified on various grounds. So, there are types of labor disputes that point to the disputing parties. In this group they are:

• individual, affecting the interests of individual workers;
• collective, in which all employees or individual divisions of the enterprise are involved.

The classification of types of dispute in the labor sphere is also made according to the legal relations from which they arise. Such disagreements include:

• labor disputes arising from violations of labor relations (non-payment of salaries, illegal dismissal, etc.);
• disputes originating from unlawful actions directly related to labor (illegal deductions from salaries, non-payment of sick leave, etc.).

Disagreements between the employer and employees are classified according to their nature. It can be:

• disputes regarding the application of regulatory provisions related to the world of work;
• disagreements about changing or establishing conditions existing at the workplace.

On the subject of the dispute distinguish:

• disagreement over the recognition of a right that is violated by a second party;
• disagreement on damages and award payments.

According to the method of resolution, labor disputes are divided into:

• lawsuits;
• unskilled.

The first of these two disputes is mostly individual. They relate to situations where an employee seeks recognition or restoration of a right for him or her. In other words, he is suing. To resolve such disagreements, labor dispute commissions are created. Also, these issues are considered by higher organizations.

Non-search disputes are usually collective. Basically, they arise when establishing new or changing existing working conditions.

Civil disputes

Various conflict situations often arise between individuals or legal entities. Such disputes belong to the category of civil if they are regulated by the Civil Code of the Russian Federation or other norms of a civil law nature. Most often, such disagreements are related to the right to own immovable or movable property. Also the reason for the proceedings is sometimes intellectual property.

What types of civil disputes exist ? The most common conflict situations are:

• disputes over property rights (immovable and movable);
• debt collection conflicts;
• disagreements regarding the compensation of losses by the parties;
• disputes regarding the exact establishment of legal liability;
• disagreements regarding transactions, termination of recognition and other actions.

Administrative disputes

The most difficult to resolve by the judicial authorities are conflicts between legal entities, state bodies, as well as citizens. These disputes, which are of a public law nature, are classified as administrative. The reason for their occurrence is the various relationships of legal entities and individuals with bodies representing the executive branch. Cases of administrative offenses include those that relate to:

• traffic violations;
• non-observance of electoral rights;
• environmental damage;
• non-compliance with the standards existing in construction, energy, industry, in business, in the securities market, in customs, etc.

In other words, the areas in which the legislation on administrative responsibility applies are very extensive. That is why, in this case, knowledge in a wide variety of branches of law will be required to resolve conflicts that have arisen.

What are the types of administrative disputes? If conflict situations arise with the authorities, then they are divided into:

• those related to the appeal of pronounced sentences;
• disputes on the invalidity of non-normative acts adopted by state bodies.

Most often, such conflicts are considered in arbitration. It is a completely legitimate mechanism created to resolve various disputes outside the courts. During the consideration of such cases, the parties that did not come to a consensus will delegate a decision on their case to one or several people. After the verdict is issued, the parties are obliged to fulfill it without fail.

What types of arbitration disputes exist? They are classified into:

• debt collection;
• disputes regarding tax payments;
• consideration of bankruptcy proceedings;
• corporate disputes ;
• Conflict situations related to property of enterprises.

Litigation

Often, arbitration is not able to resolve conflicts that arise between individuals and legal entities, as they are practically unsolvable. In such cases, the parties that have not come to an agreement are forced to go to court. All types of disputes considered by this body can be divided into those that arise between:

• legal entities;
• legal entities and individuals;
• by individuals.

In addition, according to the existing classification, the main types of litigation are as follows:

• return of property to its rightful owner;
• property protection;
• claims for collection of outstanding receivables;
• recognition of legal rights to terminate the contract;
• disagreements about payments by insurance companies;
• non-performance of business contracts;
• tax claims.

Land disputes

The subject of a conflict situation may be the determination of the size, boundaries, etc. of any territory (site). This discussion, conducted in compliance with all procedural procedures, is a land dispute. Parties to such a conflict can be individuals and legal entities, as well as governing bodies and authorities that took decisions that caused disagreement.

What are the types of land disputes? They are classified depending on the object and subject of the dispute, the order of consideration of cases, as well as on many other grounds. Land disputes bind:

• with the provision of plots (in connection with a violation of the distribution of the territory or violation of the allocated borders);
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4. The importance of the issue. It happens that one state, unlike another, does not attach particular importance to the solution of the question posed. It also happens that both countries are interested in a positive outcome of the conflict.
5. By influence on those subjects of international law that do not participate in disagreements. In such cases, the resolution of disputes is not complete without international observers who seek to protect the world community from possible grave consequences of the conflict.
6. Essentially a dispute. In this case, all differences are divided into legal and political. The first of them are subject to settlement in international courts, while the second are resolved through compromises and negotiations.